Terms of Service

These Terms of Service (the “Terms”) are an agreement between [legal entity name and type] (“ServerNova,” “we,” “us”) and the organization or person using our websites, platform, or services (“you”).

By creating an account, joining an organization, placing an order, or using the Platform, you accept these Terms, our Privacy Policy, and our Pricing and Billing Terms, which are part of these Terms. If you use the Platform on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to it.

• Platform: the ServerNova Client Hub and the applications and tools available through it, such as NovaTrack (IT asset tracking), NovaFlow (onboarding and offboarding requests), the knowledge base, electronic signing, and related features.
• Cloud Services: hosted servers that ServerNova provisions and operates on hardware it runs, and the related resources and add-ons.
• Managed IT Services: IT support, monitoring, security, and project services provided under a Service Agreement.
• Service Agreement: a proposal, statement of work, or agreement that you and ServerNova sign, including through the Platform’s electronic signing.
• Order: a request you place through the Platform, such as a paid plan, a seat change, a Cloud Services configuration or change, or a hardware purchase or lease.
• Customer Data: data you or your users submit to the Platform or store on Cloud Services.

Platform. The Client Hub is available without charge, subject to the limits stated on our pricing page (currently up to 250 members per organization). Some applications and capacity are paid, as described in the Pricing and Billing Terms. NovaFlow is available only to organizations with a Managed IT Services agreement.

Cloud Services. Cloud Services are provisioned after we review and approve your Order. Changes to a running server, such as adding users, memory, or storage, are shown to you with their new monthly price before you submit them, and take effect and are billed only after you request them and we apply them.

Managed IT Services. Managed IT Services are provided under a Service Agreement. If these Terms conflict with a signed Service Agreement, the Service Agreement governs for the services it covers.

Hardware. Hardware purchases and leases are placed through the Platform’s shop. Leased hardware is also governed by the lease agreement you accept at checkout, which governs if it conflicts with these Terms.

Changes to the services. We may add, change, or retire features. If we materially reduce a paid feature you are subscribed to, we will give you notice as described in section 20.

• Provide accurate account information and keep it current.
• Keep your sign-in credentials confidential. You are responsible for activity under your account.
• ServerNova staff accounts always require multi-factor authentication. We may require multi-factor authentication for your accounts, and may give new accounts a short period to set it up.
• Notify us promptly at support@servernova.net if you suspect unauthorized access or have any security concern.

Platform accounts belong to an organization. Each organization has one owner, and may have administrators and members with the roles and permissions the owner and administrators assign. Administrators control membership, roles, and invite codes, and your organization is responsible for the people it admits and the permissions it grants.

We act on instructions from your organization’s owner and administrators, and from ServerNova staff acting under a Service Agreement with your organization. A person may belong to more than one organization.

Fees, billing, renewals, plan changes, cancellations, taxes, refunds, and hardware returns are governed by our Pricing and Billing Terms, which are part of these Terms.

• Ownership. You own Customer Data.
• Our use. You grant us the rights needed to host, process, back up, transmit, and display Customer Data to provide and secure the services, including access by ServerNova staff to deliver support and Managed IT Services.
• Your responsibilities. You are responsible for the accuracy and lawfulness of Customer Data. That includes having the right to store any credentials you give us, and giving any notices and getting any consents needed for the personal information of your employees and contractors that you enter, such as names, titles, departments, photos, and onboarding details.
• Credentials. Credentials that ServerNova stores for your organization are encrypted at rest, and every time staff reveal, copy, or share one, it is logged.
• Processing on your behalf. Where we process personal information in Customer Data, we do so on your behalf and under your instructions. [Data Processing Addendum: whether offered, and how to request it]

You agree not to, and not to let anyone else:

• use the services unlawfully, or to store, send, or host malicious code, spam, or content you do not have the right to use;
• attempt to probe, breach, or test the security of the services without our written consent;
• access another organization's data, or exceed the permissions of your role;
• resell, sublicense, or provide the Platform to third parties outside your organization, except as agreed in writing;
• use Cloud Services for cryptocurrency mining, attacks on other networks, open relays or proxies, or activity that degrades service for other customers;
• interfere with the integrity or performance of the services.

We may suspend access that we reasonably believe violates this section, and will tell you why unless the law or a security risk prevents it.

Software licensing. You are responsible for holding valid licenses for software you install or use on Cloud Services, unless the license is included in the package you ordered.

Backups. Where your package includes backups, we provide them to help recover from failures. They are not a substitute for your own copies of important data, and we do not guarantee that any backup will be complete or restorable.

Availability. We do not provide a service level agreement for Cloud Services unless one is included in a signed Service Agreement. [uptime commitment, if any, to be decided]

Maintenance and security. We may perform maintenance, and may suspend a server or its network access to protect the services or respond to a security threat, and will notify you as soon as practical.

After cancellation. When Cloud Services end, the server and its data are deleted [timing to be decided]. Retrieve any data you need before then.

Hardware ships with the manufacturer’s warranty, and we do not add a separate warranty unless we say so in writing. [title and risk of loss] Returns and cancellations are covered in the Pricing and Billing Terms.

Proposals and agreements may be signed electronically through the Platform. You consent to transact electronically and agree that electronic signatures, and the signature certificates and audit records the Platform generates, have the same effect as handwritten signatures. Executed documents are stored as unchangeable business records.

The services work with third-party services, such as sign-in with Microsoft or Google, payment processing, and software from other vendors that we install or manage for you. Those services are governed by their own terms, and we are not responsible for them.

The Platform, including its software, design, and branding, is owned by ServerNova and its licensors. We grant you a limited, non-exclusive, non-transferable right to use it for your organization’s internal business while your account is active. If you send us feedback, we may use it without obligation.

Each party will protect the other’s non-public information with at least reasonable care and use it only as needed to perform under these Terms, except where disclosure is required by law.

If we learn of unauthorized access to Customer Data in our systems, we will notify affected organizations without undue delay and as required by law, and will share what we know about the incident.

The services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted or error-free.

Support hours and response times we publish are targets, not guarantees, unless a signed Service Agreement says otherwise.

To the fullest extent permitted by law:

• (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data; and
• (b) each party's total liability arising out of these Terms is limited to the amounts you paid us in the 12 months before the event giving rise to the claim, or $100 if you use only free services.

These limits do not apply to your payment obligations, either party’s indemnification obligations, or liability that cannot be limited by law.

You will defend and indemnify ServerNova against third-party claims arising from Customer Data, or from your use of the services in violation of these Terms or the law.